you might think so, but as i posted up thread, in almost identical circumstances, the case against the diver who hit me was dismissed but his insurance had already paid out.
case closed?
Yes. In your case the insurance company accepted the driver's liability. I had a similar accident where the driver's insurance paid out and the police decided not to prosecute, though they did say the driver was 100% at fault. As pointed out above, civil liability does not depend on a decision to prosecute.